Rule 12-20 Subpoenas.

(a) A subpoena ad testificandum requiring the attendance of a person to give testimony prior to or at a hearing or a subpoena duces tecum requiring the production of documents or things at or prior to a hearing may be issued only by the hearing officer upon application of a party or sua sponte.

(b) A request by a party that the hearing officer issue a subpoena shall be deemed to be a motion, and shall be made in compliance with Rule 12-14 or 12-27, as appropriate; provided, however, that such a motion shall be made on 24 hours notice by electronic means or personal delivery of papers, including a copy of the proposed subpoena, unless the hearing officer directs otherwise. For cases before OATH, the proposed subpoena may be prepared by completion of a form subpoena available from OATH. The making and scheduling of requests for issuance of subpoenas by telephone conference call to the hearing officer or by electronic means is encouraged.

(c) Subpoenas shall be served in the manner provided by § 2303 of the Civil Practice Law and Rules, unless the hearing officer directs otherwise.

(d) In the event of a dispute concerning a subpoena after the subpoena is issued, informal resolution shall be attempted with the party who requested issuance of the subpoena. If the dispute is not thus resolved, a motion to quash, modify or enforce the subpoena shall be made to the hearing officer.